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2 . If any funds other than Federal appropriated funds have been paid or will be paid to any <br /> person for influencing or attempting to influence an officer or employee of any agency , a Member of Congress, an <br /> officer or employee of Congress , or an employee of a Member of Congress in connection with this Federal contract, <br /> grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL , "Disclosure <br /> Fonn to Report Lobbying . " <br /> 3 . The Recipient shall require that this certification be included in the award documents for all <br /> subawards ( including subcontracts , subgrants , and contracts under grants , loans , and cooperative agreements) and <br /> that all subrecipients shall certify and disclose . <br /> This certification is a material representation of fact upon which reliance was placed when this <br /> transaction was made or entered into . Submission of this certification is a prerequisite for making or entering into <br /> this transaction imposed by Section 1352, Title 31 , U. S . Code . Any person who fails to file the required <br /> certification shall be subject to a civil penalty of not less than $ 10 ,000 and not more than $ 100 ,000 for each such <br /> failure . <br /> (21 ) COPYRIGHT . PATENT AND TRADL;MARK <br /> ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE <br /> PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA . <br /> ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE <br /> PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO <br /> THE STATE OF FLORIDA . <br /> (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and <br /> entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise . <br /> (b) If any discovery or invention is developed in the course of or as a result of work or services <br /> performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or <br /> invention to the Department for a determination whether the State of Florida will seek patent protection in its name . <br /> Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State <br /> of Florida . If any books, manuals , films, or other copyrightable material are produced , the Recipient shall notify the <br /> Department . Any copyrights accruing under or in connection with the performance under this Agreement are <br /> transferred by the Recipient to the State of Florida . <br /> (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual <br /> properties relating to the performance of this Agreement which he or she knows or should know could give rise to a <br /> patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property <br /> which is so disclosed . Failure to disclose will indicate that no such property exists . The Department shall then, <br /> under Paragraph ( b), have the right to all patents and copyrights which accrue during performance of the Agreement. <br /> (22 ) LEGAL AU 'fIIORILATION . <br /> The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that <br /> its governing body has authorized the execution and acceptance of this Agreement . The Recipient also certifies that <br /> the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement . <br /> Rev 07/31 /2009 Page 12 <br />